While the online application form for a sponsor licence may seem straightforward, it is important to recognise that this can be a difficult and complex process. Therefore, if your organisation intends to apply, planning is essential. Obtaining a licence enables you to sponsor overseas staff to work in the UK and support their visa applications, which can offer significant competitive advantages in terms of recruitment. UK immigration processes are governed by a range of rules and regulations that must be met and managed responsibly for you to succeed in obtaining and retaining your licence.
While Home Office checks and compliance activity is selective and ‘intelligence-led’ – meaning certain sectors are more exposed than others – every employer seeking a licence should remain aware that they are required to demonstrate a fully compliant set of HR policies and processes, including right-to-work checks for all employees, to government officials if requested. It is fair to say that industries such as hospitality and care are particularly susceptible to compliance checks.
There are many common errors that applicants make when pursuing sponsorship licences. Sometimes, this means failing to meet the legal and administrative requirements, which can lead to applications being rejected and create obstacles in your recruitment process. Certain errors can lead to you being barred from re-applying for between 6 and 12 months. In some cases, even simple mistakes can lead your application to fail, without a cooling-off period. When an application is refused, the sponsoring organisation will need to reapply, which costs time and money. It can also affect your recruitment timelines and have consequences for many different aspects of your business.
Mistakes essentially fall into two categories: errors made when preparing and submitting an application, and problems demonstrating compliance with a business’s sponsorship management duties. Both of these can result in an application being rejected, while in the latter case, a licence may also be withdrawn if you fail to uphold your responsibilities over time.
Application problems
Making a mistake in your online application is one of the fastest ways to have it rejected, but errors like these are still surprisingly common. This can include everything from filling in a form incorrectly to applying for the wrong type of licence, or failing to supply the necessary evidence to back up your application.
Every business will need to submit documents to support its pursuit of a sponsor licence. These will differ based on the age of the business, the industry, the types of workers it wants to sponsor, and the type of licence it aims to secure. For example, you may need to demonstrate to the satisfaction of the Home Office that there is a genuine need to hire an overseas worker for the role you are recruiting for. If you cannot, and the Home Office believes you have created a role as a pretence for a particular worker to move to or extend their stay in the UK, it will refuse your application.
The best way to avoid any of these problems is to have a business immigration solicitor look over your application and supporting documents. They can also help you to identify the right type of sponsor licence so you can be sure that once your licence is granted, there will be no further obstacles to your overseas recruitment.
Sponsorship management mistakes
To secure a sponsorship licence, you must implement an appropriate licence management structure within your organisation. Primarily, this means assigning key personnel to oversee your sponsorship responsibilities and carry out the necessary processes. You must also develop appropriate record-keeping procedures, as you will have a legal duty to provide certain information to the Home Office upon request.
The key personnel you need to assign are as follows:
● An authorising officer, to oversee the licence and grant access to the Home Office Sponsorship Management System (SMS).
● A level 1 user, to handle data input and the day-to-day responsibilities of the system.
● A key contact, who will liaise with the Home Office and help to fulfil any data requests.
This structure should be in place before you make your application – otherwise, the application will almost certainly be rejected. However, taking this approach is not only valuable to support your application, but will also help you to get the most from your sponsor licence in the future, and ensure you meet your legal obligations.
Again, it is often best to work with an experienced solicitor during this process. They can explain your duties and responsibilities under the law, and help to make sure that everything is ready before you make your application. From there, they can also support your overseas workers with their visa applications and make the entire process smoother and simpler, so you can get the most out of the global talent pool.
